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(a) Any entity who knowingly or accidentally causes an illicit discharge shall immediately notify emergency dispatch services. A written report concerning the illicit discharge shall be filed with the City of Carmel Engineering Department, by the dischargers, within five days. The written report shall specify:
(1) The composition of the discharge and the cause thereof;
(2) The date, time, and estimated volume of the discharge;
(3) All measures taken to remedy the illicit discharge, and all measures proposed to be taken to prevent any recurrence;
(4) The name and telephone number of the entity making the report, and the name and telephone number of the entity who may be contacted for additional information on the matter.
(b) A properly reported illicit discharge shall be an affirmative defense to a civil infraction proceeding brought under this Article against an entity for such discharge. It shall not, however, be a defense to a legal action brought to obtain an injunction, to obtain recovery of costs or to obtain other relief because of or arising out of the illicit discharge. An illicit discharge shall be considered properly reported only if the entity complies with all the requirements of this section. This requirement does not relieve the entity from notifying other agencies as required by state or federal regulations.
(Ord. D-1794-06, 2-6-06)
Filling of the land in the floodplain of a regulated drain or any natural stream or watercourse, that has a contributing drainage area of 25 acres or more, located within the City of Carmel is prohibited. The use of the floodplain area for detention/retention ponds or lakes is also prohibited. Floodplain boundaries are to be determined by using the 100-year base flood elevation (BFE) as shown on the flood insurance rate maps (FIRM) of the Federal Emergency Management Agency (FEMA) and the Hamilton County one-foot topographic data available on the Hamilton County GIS webpage.
(a) If during the process of using the BFE and the one-foot topographic data it is determined that the FIRM is incorrect, then a letter of map revision (LOMR) to correct the FIRM is to be filed with FEMA. No filling of the floodplain, either the floodplain shown on the FIRM or the floodplain determined by the floodplain study, whichever is more conservative, will be allowed until an approved copy of the LOMR is provided to the City of Carmel.
(b) If a FIRM does not establish a 100-year BFE for a regulated drain, natural stream, or natural watercourse, the 100-year BFE shall be established through a site specific floodplain study performed by a professional engineer registered in the State of Indiana in accordance with the IDNR Hydraulic Modeling Guidelines.
(1) If the drainage area for the floodplain study is greater then one square mile at the farthest downstream point of the study, then the floodplain study must be submitted to IDNR - Division of Water for approval and to the City of Carmel for review and comment. A copy of the final study, approved by IDNR - Division of Water, must be submitted to the City of Carmel as part of the project requiring the study to be completed.
(2) If the drainage area for the floodplain study is less then one square mile at the farthest downstream point of the study, then the floodplain study must be submitted to the City of Carmel for review and approval. The City of Carmel will have the option to send the floodplain study to a consulting engineering firm for review and comment, should the accuracy of the floodplain study be in question. The cost of the consulting engineering firm's time will be the responsibility of the owner of the project and will need to be consented to in a written agreement prior to any review of the floodplain study by the consulting engineer.
(c) The requirements of the section do not apply to the following:
(1) Agricultural uses such as crop production, pastures, orchards, tree farms, planting nurseries, vineyards, and general farming.
(2) Forestry, wildlife areas and nature preserves.
(3) County, city, or township parks.
(4) Public streets, bridges, and roadways, as long as the crossing structure are properly sized to convey the natural stream or watercourse and not raise the 100-year BFE.
(5) Regional detention basins approved by the City of Carmel.
(Ord. D-1794-06, 2-6-06)
An approved stormwater management permit shall be obtained prior to the initiation of any construction activities. In order to obtain a stormwater management permit, the applicant shall be the entity responsible for accomplishing the construction activity for which the stormwater management permit was issued. In granting a stormwater management permit, the City of Carmel may impose such terms and conditions as are reasonably necessary to meet the purpose of this Article. The entity shall insure compliance with such terms and conditions. Non-compliance with the terms and conditions of permits will be subject to enforcement as described in § 6-205. The entity shall inform all general contractors, construction management firms, grading or excavating contractors, utility contractors, and the contractors that have primary oversight on individual building lots of the terms and conditions of the stormwater management permit and the schedule for proposed implementation.
(a) The project site owner shall submit an application for a stormwater management permit to the City of Carmel. The application will include a stormwater management permit application form, construction plan sheets, stormwater drainage technical report, a stormwater pollution prevention plan, the applicable fees, and any other necessary support information, unless submitting to the Technical Advisory Committee, in which case, the owner shall insure the required documents are included in the Technical Advisory Committee packet. Specific information to be included in the application shall be prepared as stated in the Stormwater Technical Standards Manual Chapter 100. All plans, reports, calculations, and narratives shall be prepared in accordance with the City of Carmel Stormwater Technical Standards Manual and signed and sealed by a professional engineer, registered by the State of Indiana.
(b) (1) The City of Carmel will review each application for a stormwater management permit to determine its conformance with the provisions of this Article. The City of Carmel will take one of the following actions:
a. Approve the SWPPP for active construction sites and for post-construction and provide a Technical Review and Comment Form stating the "Plan is Adequate".
b. Approve the SWPPP for active construction sites and for post-construction subject to such reasonable conditions as may be necessary to secure substantially the objectives of this Article, and issue the Technical Review and Comment Form stating the "Plan is Adequate" with said conditions outlined.
c. Provide a Technical Review and Comment Form stating the "Plan is Deficient" and indicating the reason(s) and procedure for submitting a revised application and/or submission.
(2) Any changes or deviations in the detailed plans and specifications after approval of the applicable stormwater management permit shall be filed with, and accepted by, the City of Carmel prior to the commencement of construction activity involving the change. Applicable fees, with respect to the review of all drainage submittals, preliminary plans, final plans, construction plans and accompanying information and data, as well as any applicable pre-paid inspection fees, are due in accordance with the City of Carmel Department of Engineering fee ordinance before any permit is issued. The City of Carmel shall have the right to not accept the drainage improvements or to not accept the advancement of any project for which the applicable fees have not been paid.
(c) After receiving a Technical Review and Comment Form stating the "Plan is Adequate", the project site owner must notify the City of Carmel and IDEM 48 hours before beginning construction. Notification shall be in the form of an IDEM NOI form along with proof of publication of public notice. The publication must include the following:
(1) "(Company name, address) is submitting an NOI letter to notify the City of Carmel and the Indiana Department of Environmental Management of our intent to comply with the requirements of the City of Carmel Stormwater Management Ordinance, as well as the requirements of 327 IAC 15-5 and 327 IAC 15-13, to discharge stormwater from construction activities for the following project: (name of the construction project, address of the location of the construction project, and Parcel Identification Number). Run-off from the project site will discharge to (stream(s) receiving the discharge(s))."
(2) Once a permit has been issued and the updated NOI submitted to the City of Carmel and IDEM 48 hours before beginning construction, construction may commence. A stop work order per § 6-205 shall be issued by the City of Carmel for all projects that are proceeding without such notification.
(d) Once construction starts, the project owner shall monitor construction activities and inspect all stormwater pollution prevention measures to ensure compliance with the City of Carmel's applicable ordinances and the terms and conditions of the approved permit, in accordance with this section. Lack of maintenance of stormwater pollution prevention measures during construction or failure to implement the approved SWPPP by the approved schedule of implementation shall constitute a violation of this Article, subject to enforcement under the provisions of this Article.
(e) Upon completion of construction activities, as-built plans must be submitted to the City of Carmel.
(f) The entity must submit a notice of termination (NOT) letter to the City of Carmel once the construction site has been stabilized and all temporary erosion and sediment control measures have been removed. The City of Carmel shall inspect the construction site and verify the requirements for an NOT have been met. Once the applicant receives a "verified" copy of the NOT, they must forward a copy to IDEM.
(Ord. D-1794-06, 2-6-06)
For individual lots disturbing less than one acre, developed within a larger permitted project, a formal review and issuance of an individual lot plot plan permit will be required before a building permit can be issued. The individual lot owner must complete a residential lot plot plan permit application, in accordance with the Stormwater Technical Standards Manual. In submitting the individual lot plot plan for plan review, applicable fees are due in accordance with the City of Carmel Department of Engineering fee ordinance. These fees are due before approval for a plan can be issued. The individual lot owner is responsible for installation and maintenance of all erosion and sediment control measures until the site is stabilized. In instances where an NOT has been issued to the developer and there are multiple lots being developed and a violation of this Article occurs that cannot be attributed to an individual lot owner, then all lot owners with active construction shall, collectively, be found in violation.
(Ord. D-1794-06, 2-6-06)
As a condition of approval and issuance of the permit, the City of Carmel shall require the applicant to provide financial performance and maintenance guarantees in accordance with Section 5.07 of the City of Carmel Subdivision Control Ordinance. Said assurance will guarantee a good faith execution of the stormwater drainage plan, the SWPPP, the stormwater quality management plan, and any permit conditions. Notice of the scheduled date for completion of construction shall be provided to the City of Carmel at least 72 hours prior to its planned completion. The owner will schedule the final inspection, the storm drain and site grading. Performance sureties will be released in accordance with Section 5.07.03 of the Subdivision Control Ordinance.
(Ord. D-1794-06, 2-6-06)
(a) A self-monitoring program shall be implemented for all permitted land disturbing activities. A trained individual shall perform a written evaluation of the project site by the end of the next business day following each measurable storm event. If there are no measurable storm events within a given week, the site should be monitored at least once in that week.
(b) The evaluation shall document the maintenance efforts of existing best management practices to ensure proper function in accordance with this Article; and identify additional measures necessary to remain in compliance with all applicable statutes and rules.
(c) Written evaluation reports include the following:
(1) The name of the individual performing the evaluation;
(2) The date of the evaluation;
(3) Problems identified at the project site; and
(4) Details of corrective actions recommended and completed
(d) All evaluation reports for the project site shall be made available to the City of Carmel within 48 hours of a request.
(e) The City of Carmel will perform inspections at their discretion to evaluate the installation, implementation, and maintenance of control measures and management practices at any project site involved in construction activities and provide necessary recommendations for conformance with the provisions of this Article and the stormwater management permit. Access to the construction project site shall be provided in accordance with § 6-193. If inspections are required outside the set inspection schedule (City of Carmel Department of Engineering fee ordinance) than an additional re-inspection fee will be charged (City of Carmel Department of Engineering fee ordinance).
(f) A pre-construction meeting is required to be held with the participation of the City of Carmel and other entities involved prior to any grading activity to ensure that appropriate erosion control measures have been implemented on the site and the location of any existing tiles have been properly marked.
(g) If after a recommendation is provided to the entity, corrective action is not taken; the City of Carmel will pursue enforcement in accordance with this Article.
(Ord. D-1794-06, 2-6-06)
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